Computer
(6)
Crime Act, Mo,
Je af 207
i3
seizure of such COMpUter, Camp
uter sysiem or part
therecf is essential to prevent
the commission of the
offence or the continuance
of the offence or ta obtain
12
Custody of any information
which would otherwise
Computer Crime Act, No. 24 of 2007
be fost, destroyed. medified
or retidered inacees:
(3) The provisions of sections 36, 37 and 38 of the Cade of
Criminal Procedure Act. No. 15 of 1979 shall not apply in
relation to the arrest ofa person for an offence under this Act.
;
1
y
‘ble.
;
Ais
,
Power af polwe
oficer ta arrest,
acareh
ard
seize.
(4) The Minister may by regulation prescribe the manner
in which and the procedures required to be followed in respect
of, the retention and interception of data and information
including traffic data, for the purposes of any investigation
under this Act.
Preservation of
informatior,
19, (1) Where an expert or a police officer is satisfied
that any information stored in a computer is reasonably
required for the purposes of an investigation under this Act
and that there is a risk that such information may be lost,
destroyed, modified or rendered inaccessible, he may by
written notice require the person in control of such computer
or computer system to ensure that the information be preserved
for such period not exceeding seven (07) days as may be
specified in such notice.
(2) On an apphcation made to a Magistrate having
jurisdiction, the period for which the information is to be
preserved may be extended fer such further period, which in
the aggregate shall not exceed upto ninety days.
Normal use of
computer not te
be hampered.
20, Every police officer and every expert who conducts
any search, inspection or does any other thing in the course
of an investigation, shall make every endeavour io ensure
that the ordinary course of legitimate business for which any
computer
may
be used
is not
hampered
by such
search,
inspection or investigation and shall not seize any compuier,
compuler systein or part ihereof, if such seizure will prejudice
the conduct of the ordinary course of business for which the
computer is used, unless-—
{a#)
it ts not possible to conduct the inspectian on the
premises where such computer, camputer system or
pert thereof is located; or
(2) No police officer shall
access any computer for the
Purpose of an investigation
under this Act unless the Insp
ector
General of Police has cert
ified in writing that such
police
officer possesses adeq
uate knowledge and skiff
in the Meld
of inforrtation communicatio
n technolaggy and is ther
eby
possessed of the required expe
rtise to perform such a function
,
22,
(1) Where any item or data
has been seized cr
tendered inaccessible in the cour
se of UN MVESstigil om the
police officer conducti
ng
the search shali issue
a complete
st of such items and data
including the dute and tiine
of
such seizure or of tendering it
inaccessible to the owner or
Person
in charge of the computer
or compuier system,
(2) Subject to the Provisions
of subsection (3),
a police
officer may upon application
made by ihe owner or persons
in
contr
ol of the computer or computer
s yetem, permit a person
nominated by such owne Yor
person to issue such person
a
copy of
such data.
Police officer 10
record and
ufford access te
eee